Tuolumne County, CA History
Transcribed by Kathy Sedler
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A History of Tuolumne County, California - San Francisco, B.F. Alley, 1882.
The Heslep Murder.
Perhaps no more terrible tragedy ever occurred in the mines of
California than the one which it is the duty of the writer here to describe.
Blood-thirsty and cruel beyond all precedent, it roused the people to a state of
almost unparalleled excitement and even frenzy. It was peculiar in the
singularity of the mode in which the deed was committed, and doubly so in the
suddenness with which the assassin met his reward. It would be difficult, in all
the annals of crime, to trace its parallel. The community beheld a man
universally respected, trusted and loved, the guardian of the county's treasury,
and the esteemed business associate of the intelligent and enterprising
merchants of the day, struck down and done to death by the hand of one who owed
his welfare, and even his daily bread, to the generosity of his victim.
The murderer's object was money, the basest of all incentives to crime,
but fruitless were his hopes, for eight hours from the time that last saw Joseph
Heslep in life, his slayer too was sent by a just, though unequal punishment, to
the bar of eternal justice.
Mr. Heslep, in his capacity as Treasurer, had an office on Hospital
street, in Sonora. Here were kept the books and papers relating both to the
county's affairs and to his own private business. The office contained two
rooms, in the outer of which the safe and a writing desk were located. In the
inner one there were certain articles of furniture, notably a wash-stand, with
bowl. Within the safe were a portion of the county funds, amounting to somewhat
over seven thousand dollars in gold coin. In order to a full understanding of
the subject, it should be said that the safe and the writing-desk stood at the
side of the room opposite the door, and the latter was in such a position that a
person engaged in writing would necessarily sit, or stand, with his back to the
outer door, which opened on Hospital street, nearly opposite Mr. Bradford's
present office, but rather nearer to Washington street.
At 9 o'clock in the evening of January 18, 1855, Mr. McBirnie, a member
of the firm of Bell & McBirnie, the Court House contractors, having business to
transact, entered Mr. Heslep's office through the closed but not fastened door,
and in the intense darkness groped his way to the mantel, over the fireplace, at
the further side of the apartment, in search of matches wherewith to light the
lamp or candles, presumably in their accustomed place. As he reached the mantel,
his feet struck against an object on the floor. Hastily striking a match, he
turned to examine the obstruction, when the flickering brimstone showed to his
horrified gaze the form of Joseph Heslep, his blood�his very brains�oozing
through half a score of wounds upon his head. The stoutest heart, the firmest
nerve, could not endure more than one glance at the awful shadow, and the
discoverer flew from the dread sight, never again to forget what that one glance
showed him.
No words can do justice to the extreme excitement that arose in saloons,
in stores and in hotels, when that white-faced man, peering in, gave utterance
to his tidings. Instantly a great commotion arose, and a swarm of men hurried to
the scene of the catastrophe. The truth of the news being verified, the first
impulse, the invariable one at that day, in all scenes of unusual gravity, was
to hold a meeting. This was done in front of the office where the bloody corpse
lay, and by the light of a bonfire burning in the street, measures were taken to
apprehend the murderer. The body, yet warm, gave evidence that the deed was but
recently committed, while there were men who had seen Mr. Heslep in health but a
few short hours before. Messengers mounted on fleet horses were immediately
dispatched to each of the ferries in the county to stop the egress of suspected
parties.
In the meantime the proper officials summoned a Coroner's jury to
deliberate upon the tragedy, and a full examination of the premises and of the
murdered man was made, the jury sitting for six hours, and eliciting the
following facts:
Dr. Manning, the examining surgeon, reported that the deceased had
received eight wounds upon the head, with an axe; that the skull was crushed at
the crown, and that some of the brains were scattered upon the floor; and blows
had been inflicted on each of the temples, either of which was severe enough to
have caused death. The awful disfigurement of the face of the dead was such as
to have prevented recognition, had the remains been found in other surroundings.
The nose was broken, and the countenance generally was horribly mangled; but
what gave a still more brutal character to the work, was the fact that the
mouth, the throat, and the nostrils were stuffed with paper�the very refinement
of brutality, as it was evident that it was done during the time that the
deceased was still living.
Slight suspicions of McBirnie, amid the uncertainty and turmoil,
developed into nothing. The man who did the act was as unknown to the people as
if he had never lived, and would have so remained had it not been for the
accidental acuteness of Constable Sam Phillips. This officer, who had attended
the examination, had observed there the attitude and replies of one of the
witnesses, one Griffiths, who, it appeared, had been last seen in the office,
conversing with Mr. Heslep. Examined and reexamined, no question had
shaken his testimony nor disturbed his coolness. He testified coolly and
straightforwardly as to his knowledge of the murdered man's proceedings that
evening, and by no word had it been made to appear that the guilt of murder was
upon his soul. During, however, his second or third examination, and while still
sitting within the room where the jury were, Deputy Sheriff Randall and
Constable Phillips entered the room, the latter calling the attention of the
officers and jury to a valise which he held in his hands. As soon as Griffith
caught sight of the valise, recognizing it, he exclaimed, " Ask me no more
questions; I am the guilty man!" At this declaration, accompanied as it was with
dramatic coolness, the bystanders were paralyzed with excitement. Constable
Phillips and Deputy Randall then related how they had visited the room of the
accused at the United States Hotel, where, concealed within the blankets of his
bunk, they found the blood-stained garments, fresh clots of gore still remaining
undried upon them, and these pressed into a valise, the heavy overcoat alone
being placed under the pillow. Within the pockets of the latter garment were
over six thousand dollars in gold coin�the greater part of the sum which the
safe contained; it appearing that the murderer thought himself unable to carry
away the whole�so leaving about a thousand dollars untouched.
At this point of the proceedings, alarm bells were rung, and those of
the citizens who had retired from the scene again assembled in front of the
office. The situation of affairs was told to them, and resolutions were passed
declaring that the prisoner should die at daybreak, there being not one
dissenting voice. Remaining by the bonfire all night, with the doomed man
pinioned in their midst, the crowd at day break made preparations to hang him.
Sheriff Solomon made an ineffectual attempt to gain possession of him, but
without the slightest avail, as he was alone in the midst of a vast and
determined assemblage which had firmly resolved on the man's death. No earthly
power could save him. Cognizant of the fact that his earthly hours were short,
Griffiths occupied himself in writing letters to his wife, who was in San Jose,
and in making confession of his crime to his custodians. Besides the statements
embraced in his confession, the following facts were evolved subsequently:
Griffiths, upon his arrival in California, found himself without money
or friends. In this strait, he was assisted by a gentleman of San Jose, a
brother of his victim, who supplied him with the means to get to the mines, and
also providing him with letters of recommendation to his brother Joseph, who,
equally openhanded and hospitable, supported this stranger until he could
establish him, as he finally did, in placer mining; also supplying lumber, with
which to build a cabin. These facts only make the villainy of the crime more
conspicuous, contrasting it with the generosity of the murdered man.
This is the oral confession of Griffiths:
" My name is Edward Crane Griffiths. I was born in Liverpool, England,
in 1824. I went to Ireland when a boy, and have been at sea since I was eleven
years of age. I first went to Callao, then to Panama, by steamer, and then came
to San Francisco. I was in San Francisco since, until I came to Sonora, which
was previous to New Year's day. First conceived the design of the murder last
night. I asked Mr. Heslep to loan me some money. He had a bag of money,
containing gold and silver, which he had taken from a partition in his desk.
When I asked deceased to loan me the money he refused. I then placed my hand on
the bag, with no intention of taking it; upon which he arose and struck me in
the breast. My blood being aroused, I immediately picked up the ax and struck
deceased with it upon the temple; then struck again with it, two or three times,
when he was down. He continued to make a noise, and I then put the paper in his
nostrils and mouth. I then took the bag, and key which he had in his hand,
unlocked the safe, and took the gold out of it. I then replaced the key of the
safe upon the table, blew out the light, and left the house. Was not occupied
more than five minutes in the business. I went to my room, where I placed the
money, changed my pantaloons, and walked out. I went down to the Long Tom, and
soon returned to Mr. Heslep's office, in which time the murder had been
discovered.
" When I placed my hand upon the bag I had no intention to take the
money, but did it in more of a joke than anything else. I said to Mr. Heslep,
'You may as well lend me this.' When I saw that I had killed him, I took the
money, for then I thought I could make the matter no worse. The paper that I put
in his mouth I got from the table. Five minutes before doing it I had no idea of
committing the act.
" I acknowledge this to be the whole truth, and make this confession of
my own free will and accord, without any fear, threats, or compulsion from any
person. This is made before the Coroner's Jury, at fifteen minutes before two A.
M., Friday, 19th of January, A. D. 1855. E. C. Griffiths.�
At daylight the last act of this dreadful tragedy came. Carried to an
oak tree, of which the trunk is yet to be seen standing on Mr. Bemis' City Hotel
lot, the guilty wretch was suspended and left to die without a sympathizing word
or look from the community from which his blood-thirsty hand had removed a
beloved and useful member.
So ended an eventful night, the recollections of which are burnt into
the brain of every one of the many surviving actors and spectators, never to be
forgotten until the earth shall close over their honored heads.
In order to show the general esteem in which the murdered man was held,
and also the manner in which his untimely taking-off was regarded, the newspaper
report of a citizens' meeting to " take into consideration the premature and
violent death of Joseph Heslep, Esq.
" On motion, G. W. Patrick (Mayor of Sonora) was appointed Chairman, and
H. G. Worthington, Secretary.
" On motion, L. L. Alexander, Dr. Adams, E. Linoberg, Mr. Rutherford and
Major P. McD. Collins, were appointed a committee to draw up suitable
resolutions.
" On motion it was recommended to the citizens that all business be
suspended during the passage of the corpse through the streets to the place of
interment.
" The committee on resolutions reported the following, which were read
and adopted:
" 'Truly, it has been said, 'In the midst of life we are in death.' The
noblest work of God, an honest man, has been cut off from among us; Joseph
Heslep, Esq., Deputy Treasurer of Tuolumne county, is dead�murdered by the man
whom he had befriended.
" Resolved, That in the death of our friend, the whole community has
suffered a loss which it is impossible to repair; each of us has lost a friend,
a neighbor, and the county an honest and faithful public servant.
" Resolved, That we truly condole with the brothers, and the family
relations of the deceased, in the great loss they have sustained, in a brother,
a father and a friend.
" Resolved, That out of respect to the deceased we recommend that the
whole community go into mourning and attend his remains to their last resting
place on Sunday next.
On motion it was
" Resolved, That the proceedings of this meeting be published in the
various papers of this county.
" Resolved, That the Secretary furnish the family and friends of the
deceased, in San Francisco and elsewhere, with a copy of the proceedings of this
meeting.
G. W. PATRICK, President.
H. G. WORTHINGTON, Secretary.
Walker's Expedition.
In order to bring the history of the county for the year 1854 to a
fitting conclusion, it will be necessary to mention a few additional events of
importance. These are the division of the county and Walker's expedition to
Lower California.
Of the former event there is little to say, except that at that time it
was imagined that an inevitable imcompatibility must exist between agriculture
and mining, to the extent that the interest of those devoted to the one must
necessarily suffer from too intimate a connection with those pursuing the other.
Whether this view was well founded or not, an amicable dissolution of interests
followed, and the agricultural Eve, Stanislaus, was formed from a rib of her
predecessor, and has remained contentedly apart ever since, having no connection
with her other half, except as to serving, perhaps, as a convenient pasture for
Tuolumne's lost live-stock.
In June, 1854, these divorce proceedings were consummated, Stanislaus
holding the first separate county election on the 10th of that month.
Additional Events of 1850.
Not a little enthusiasm was aroused in the mines by the circumstances of
the ill-fated expeditions of " The Gray-eyed Man of Destiny." The first of
these, in which Walker for a time overthrew the Mexican power in the States of
Sonora and Lower California, assuming the powers and the title of President of
the so-called " Republic," formed from those States, drew away many of the. more
ambitious or restless spirits from their work in the diggings, to dare fortune
in another land. To all of these the sternest of adverse fates happened; hardly
one ever returned to tell the story of his wanderings. Many men, once prominent
in the mining regions of Tuolumne, thus departed. But a still deeper and most
pathetic interest was aroused on account of the Nicaragua expeditions. Joined
by men of all classes and all situations in society, Walker fought and bled and
died in their midst, his last brave end drawing a curtain over the foolish and
impracticable attempt, shutting it in part from the rough criticism of the outer
world. Good blood, mustered in distant regions, and coming, some of it, to its
full brightness and strength by the banks of the Tuolumne and the Stanislaus,
was poured out as freely as the leader's own, to be drunk up by the soil of a
land whose sons, in their new-found strength, wielded well the sword when they
strove for liberty. Aside from the fact that many of Tuolumne's adventurous
inhabitants joined the raiding forces, the expeditions do not present any matter
for the present consideration of the readers of this volume, but it is an
unfortunate circumstance that an accurate and complete list of those who went
from here on that tragical errand cannot now be made out.
Ditch Matters and Miners' Strike.
In the Fall of 1854, the " Columbia and Stanislaus River Water Company "
was formed for the object of bringing water for mining purposes into the chief
placer diggings of Tuolumne, notably into those of the region in and about
Columbia. The immediate causes that led to the commencement of the work was the
insufficiency of the then existing ditches to supply the requisite quantity, and
also the excessive prices charged by those in operation.
At a meeting of the stockholders of the new company, held September 26,
1854, in Columbia, the following named gentlemen were elected officers to serve
for one year: Directors�J. W. Coffroth (President), G. W. Whitman, S. Ingersoll,
James McLean, John Jolly, S. Knapp and Dr. Windier ; Secretary�T. N. Cazneau;
Treasurer�W. Daegener (of Wells, Fargo & Co.'s Express); Superintendent―A.
Fletcher; Engineer�T- L. Trask.
At this meeting the Engineer's report of his survey of the proposed
route of the ditch was presented, and from its pages some interesting
particulars of the truly great work are to be gleaned.
The route surveyed by him was twenty odd miles in length, the canal at
various epochs since having been lengthened to the distance of sixty miles, it
being one of the longest and most important hydraulic works of the kind ever
constructed by man.
Commencing at the farthest limits of the first survey, the first eight
miles of the line passed over a deep, heavy loam, covered with a dense growth of
pine timber. The ground was easy of excavation and in every way adapted to the
requirements of canal building. Upon this part of the route but few portions
required to be flumed.
The next section, reaching downward to Rocky Bluff, passed over a broken
country, a considerable portion of which required to be flumed.
The remaining portion of the route, nine and a half miles in length,
required fluming entirely. Upon this section were three high bluffs to pass
around, but not of great length.
Of the twenty-one miles of ditch, the lower end of which was at
Columbia, twelve miles required to be flumed, the remaining nine miles being
excavated.
As for timber for the construction and support of flumes, no route was ever
better supplied. Along nearly the entire route there was abundant growth of
pine, fir and other woods, in all respects adapted to such uses. The cedar, too,
invaluable for its lasting qualities, grows in the upper sections.
In regard to the cost, the Engineer expressed the opinion that it would
not aggregate a sum over three hundred and fifty thousand dollars, for bringing
the water of the Main Fork of the Stanislaus into Columbia or Sonora. The
Engineer was of the opinion, hardly borne out since in practice, that there was
an amount of water in the Main Fork equal to all demands, being in the dryest
seasons not less than four or five hundred tom streams.
From this source alone, concluded the Engineer, it was possible to
obtain an adequate supply; for the only other sufficient stream was the South
Fork of the Tuolumne, to obtain the water from which would require works almost
rivaling the Great Canal of China, the country being almost impassable.
Having now formed their company, the work was proceeded with. But owing
to financial and other hindrances, little was accomplished until the next
Spring, when certain stirring events took place, involving the interests of the
miners, the water companies, and, in fact, of all the county.
The high prices, heretofore alluded to, still held sway, and the whole
mining population dependent upon the Tuolumne County Water Company, observing
the indifference to their interests manifested by that corporation, and thinking
themselves unfairly treated, began in March, 1855, to take measures to secure
such a condition of things as would redound more to their own interests.
On the 3d of that month, a meeting of the miners of Columbia and
vicinity was held at Major Farnsworth's saloon, and organizing, a committee was
appointed to wait upon the T. C. W. Co., and request them to reduce the price of
water to four dollars per day for each tom stream. This done, the meeting
adjourned for one week.
At the adjourned meeting the committee reported that a petition had been
circulated among the miners, to which about one thousand signatures had been
attached, and that the same had been laid before the Trustees of the Water
Company, and a reply received from the Board. The following was the
correspondence:
" To the Trustees of the Tuolumne Water Company:
" GENTLEMEN :�The petition of the undersigned respectfully showeth:
That they are miners within this county, and that they are now, and have been
receiving water from your canal, and have paid large sums of money into your
treasury for its use. The aggregate sum they have paid, they are confident, has
been sufficient to liquidate the whole capital stock of your Company, and
besides give a fair remuneration for the outlay of the money. During the infancy
of your Company, and when extraordinary demands were made for repairs, and to
put your enterprise in proper condition, they made no objections to the price of
water, but cheerfully looked forward to a time when your finances would permit a
reduction of tolls. Your petitioners believe that the time has arrived, and that
the price of water should be reduced to four dollars per day for a full sluice
stream. By an accurate calculation made, it has been ascertained that a majority
of those using your water, from the excessiveness of the tolls, do not realize
for their labor an average of two dollars per day, and the difference between
this sum and the price of labor per day is paid to your Company, in opposition
to the wisest rules of trade. The general distress throughout the community �the
lack of paying earth as compared with former times, independent of the arguments
given above�are forcible and cogent reasons for an alteration of your tariff of
prices. Your petitioners, therefore, pray that the Trustees will take some
immediate action for the reduction of the price of water to four dollars per day
for a full sluice stream."
To this petition, seemingly very reasonable under the circumstances, the
following answer was returned:
" To the Miners' Committee :
" GENTLEMEN :�I am instructed by the Trustees of the Tuolumne County
Water Company to make the following reply to your petition asking for a
reduction of the price of water for mining purposes:
" It has been, and still is, the intention of the Company, to reduce
the rates of water from time to time, when it can be done without too great a
sacrifice of their own interest.
" Your petition states: That no objection was made to the price of
water when extraordinary demands were made for repairs, etc.
" In answer to which I am directed to say that there have never been
more extraordinary demands for repairs and heavy outlays than at the present
time, since the introduction of water by the Company; and the Trustees are
confident that at the rates of water asked by your petition, the amount would
very little exceed the cost of repairs and the expense of distributing the water
and collecting the rents.
" That it is their intention to bring in a much larger supply of water
during the present season; and also, as soon as practicable, to bring the water
of the Stanislaus River into their ditch, so as to afford a full and constant
supply of water throughout the year, when they confidently hope they can reduce
the water rates, without an unreasonable sacrifice of the interests of the
Company.
" The assumption set forth in your petition: 'That the aggregate sum
received for water by your Company has been sufficient to liquidate the whole
capital stock of the Company, besides giving a fair remuneration for the outlay
of the money,' so far from being correct, the amount received for water has paid
only about two per cent per month on the actual cost of the work.
" All of which is most respectfully submitted.
" R. A. ROBINSON,
" Sec'y T. C. W. Co. " Columbia,
March 10, 1855."
Resolutions were then submitted to the Miners' meeting to the effect
that as the T. C. W. Co: had refused to comply with their just demands, the
claims of those miners who wished to stop work in order to avoid the consumption
of the Company's water should have their claims protected against jumpers, up to
the 1st of January, 1856, and all deep or wet clay claims should be so protected
up to May 1st, 1856, even though water should be given free; and that a Recorder
should be appointed to record the claims of those wishing to suspend work, for
which service he should receive one dollar. Also, that those wishing to avail
themselves of this action should post up notices on their claims to that effect.
These resolutions were unanimously adopted, and J. A. Palmer was appointed
Recorder. It was voted that a grand mass meeting should take place on the
Tuesday following, and the meeting adjourned.
At noon, on Tuesday, miners from gulch and hill-side came flocking into
town to attend the mass meeting to be held at one o'clock in front of the
Methodist Church South. Long before the hour of meeting had arrived the booming
of cannon and the merry music of church bells had called together nearly three
thousand people. About thirteen hundred of those present then formed in
procession, and marched through the streets of the young city, preceded by the
Stars and Stripes and a band of music, and bearing mottoes and transparencies
having appropriate devices dispersed throughout the line.
The procession returning, the meeting was organized by the choice of I.
A. Stevens, President; Messrs. J. A. Palmer and Joseph Creasy as Secretaries.
Resolutions were adopted, in substance, that the miners of the district pledged
themselves to strike for reduction of water to four dollars a day, and that they
would never pay more, nor suffer more to be paid by others; that the officers of
the new Company (the Columbia and Stanislaus River Water Company) be requested
to recommence work forth�with upon their canal, to the south fork of the
Stanislaus, so as to give immediate employment to the miners who would be thrown
out of employment by the strike; and that a committee of five he appointed to
confer with them, to procure information in relation to the prosecution of the
work.
It was, in short, unanimously resolved to do no more work in mining
until the then existing water rates were satisfactorily arranged.
To the communication of the miners, addressed to the Columbia and
Stanislaus Water Company, respecting the all important subject, the following
reply was returned: " Office of the Columbia and Stanislaus Water Company‑
" GENTLEMEN: Your note of this date has been received, and we hasten
to reply as follows:
" First�We have decided to build the canal from Columbia to the
south fork of the Stanislaus River, distance twenty-five miles.
" Second�We are ready to commence the work at once. We have a
competent corps of engineers ready to enter the field immediately, and on Monday
next will have work sufficient to employ five hundred men upon that day.
" Third�If two hundred men or more will find provisions and tools
for themselves, we will begin on Monday, 19th instant.
" Fourth�The whole work will be under contract, and parties can take
their choice of it, either by the rod, cubic foot, yard, mile or section, and be
paid at the prevailing rate for labor, four dollars per day, in the stock of the
Company.
" Fifth�As the means and provisions can be obtained, and our
arrangements made, we will be prepared to receive those who cannot furnish
provisions for themselves, due notice of which will be given at an early day.
" Sixth―A book is now open at our office, wherein the names of those
who are willing to provision themselves may be registered, where we hope that
those desirous of engaging in the enterprise will call, that we may speedily
make up the number of 200 men.
" Seventh�Unless 200 persons, or more, are willing to provision
themselves, and are ready to go to work on Monday next, we will not be able to
commence at that period.
" Eighth�By an accurate calculation we have made, 500 men will
commence the work, and continue thirty-five days, we can reasonably expect the
completion of the canal down to the head of Wood's Creek, back of Yankee Hill,
in that time.
"Ninth�A book is now open at our office for the registry of those
who are willing to go to work, but are not able to provision themselves.
" We should be most happy, gentlemen, to cooperate with the miners
of Columbia in obtaining a full supply of water, at a cost not exceeding $4 per
day, and in all probability at a less price.
" Hoping that the above propositions will meet with your
approbation, we remain
" Respectfully yours,
" JAMES W. COFFROTH, President,
" For Trustees C. & S. W. Co. Office at Mr.
Levy's fire-proof building,
Main street, opposite American Hotel."
Upon receipt of the above communication, the miners immediately
signified their acceptance of the conditions proposed, and crowding to the
office, registered themselves in large numbers as laborers on the canal.
Such sudden action was a complete surprise to the old company, who had
so long held the destinies of the whole section in their hands, and who had
supposed their lease of power to be of indefinite duration. Suddenly deprived of
their revenues�for every consumer of their water had ceased work, and
consequently ceased using the valuable fluid�they were brought quickly to their
senses. It would not do to attempt to hold out against the throng�something must
be done to pacify them. Accordingly, as a sort of feeler, or compromise measure,
this letter was addressed to the officers of the associated miners:
" NOTICE TO THE MINERS.�Gentlemen, the Board of Trustees of the
Tuolumne County Water Company, under present exigencies, beg leave to submit to
your favorable consideration the following proposition: That if the miners will
proceed to make the necessary enlargement to their ditch for the purpose of
procuring a larger supply of water, that they will issue scrip at the rate of $4
per day for labor performed, which scrip shall be receivable for water at the
rate of $4 per day, after the completion of such work; and from and after that
time the regular charges for water shall be $4 per day. The distance of the
enlargement and addition is about 12 miles. Should this proposition meet your
approbation, they are ready to commence the work immediately.
" T. B. DRYER, President pro tem.
" R. A. ROBINSON, Secretary."
On the following Tuesday this proposition was submitted to a miners'
meeting, and also accepted. This was the end of the great strike which has borne
an important place in the traditions of Tuolumne county. That the miners action
was provocative of good, there can be no doubt, as it was the immediate cause of
lowering the price of water, and also of building up a great enterprise�the
Columbia and Stanislaus Water Company�that very likely, but for the stimulus
then and subsequently furnished, would never have resulted in anything of
moment, but as it turned out, became one of the greatest and most important
ditch enterprises in the California mines.
Several hundred miners commenced immediately the excavation of the new
ditch, and more constantly joined them, swelling the laboring army to a size
that promised the speedy completion of the work. Meanwhile those who had
remained in Columbia made preparations for celebrating the victory in progress
in a manner at once unique and satisfactory.
On Monday, March 19th, large delegations of miners from Springfield,
Jamestown, Shaw's Flat, Wood's Crossing, and other mining camps, paid the
Columbia boys a visit, and they were well treated indeed. Their visit must have
been exceedingly agreeable. On Washington street tables were set nearly the
whole length of the street, which were loaded with eatables for the visitors'
refreshment. A subscription had been carried around the day previous, to which
nearly every business man of the town subscribed; the merchants, the butchers,
the bakers, and all, furnishing such things as were in their line, which could
be made useful in the matter. All saloons, restaurants and hotels were thrown
open to the guests of the day, and to the inhabitants of Columbia, too, that all
might enter and partake "without money and without price." Toward evening a
procession numbering three thousand marched to Yankee Hill to witness the
ceremony of breaking ground upon the new ditch. Returning, the out-of-town boys
were escorted to their several homes by the Columbians. Thus ended the
celebration. The new ditch thus favorably inaugurated, kept up its labors until
the promises set forth in their letter were partly realized. They had
accomplished the task of building the ditch to the South Fork, and at a less
expense than was anticipated; but the supply of water was found insufficient. It
was then resolved to continue onward to the North Fork, in order to secure an
unlimited and unfailing supply. It was not, however, until the year 1858 that
the work was finally completed. The completion was made a day of celebration, as
befitted the occasion. From the Tuolumne Courier of December 4th, 1858, these
particulars relating to the ditch and to the day, have been selected. The
account was written by J. C. Durbrow, Esq., editor of the Courier, but now of
the Tuolumne independent:
GRAND WATER CELEBRATION!
THE COLUMBIA AND STANISLAUS WATER COMPANY'S DITCH
COMPLETED!
THE CELEBRATION OF ITS ADVENT!
MONDAY, NOVEMBER 29TH, 1858.
A GREAT REJOICING!
THE DAY.
The eventful day had at length arrived�the 29th day of November, in the
year of our Lord 1858, the day when the water of the North Fork of Stanislaus
river made its first advent into Columbia. The day when the laborers, one and
all, on the Columbia and Stanislaus Water Company's canals, threw down their
tools and threw up their hats, shouting from one end of the vast aqueduct to the
other,
" THE WORK IS DONE! "
Bright Phoebus and all the other gods and goddesses who claim affinity
to Old Sol, ushered in the morn most gloriously. It was a bright and glorious
day for all creation generally, and a bright and glorious day for the sons and
daughters of Columbia in particular. Scarce had Aurora lit up the chambers of
the East before hundreds of our population were awake, alive and a-doing.
Thousands of the denizens of the neighboring towns soon came pouring in, dressed
in their best ' go-to-meetings.' Guns were firing and banners were flying; sweet
and powerful tones of music, in harmonious minglings, filled the ears. Sonora
and all the neighboring villages were soon depopulated, and everybody and
everybody's relations and acquaintances, with their wives, their daughters and
their daughters' daughters, were here. Fourth of July and all such common
demonstrations was no circumstance to the displays, the crowds, the jams and
jollifications of the day. Our streets were full, our houses were full, our
stores were full, and our saloons were full. Everybody was at home just where he
happened to find himself when, for a moment, he awoke to a consciousness of his
whereabouts amid the bewildering maze all around him. Everybody was rejoicing
and being glad to see everybody. Every one was treating and being treated.
Everybody was drinking, everybody was eating, everybody was smoking, and the
rest of mankind was looking on.
THE PROCESSION.
A grand procession was formed at ten o'clock in the morning, by the
arrangement and under the orders of Col. J. D. Potterson, Grand Marshal of the
Day, and proceeded in the following order:
FIRST DIVISION.
Captain James McLean, Aid to the Grand Marshal
Faxon's Sonora Band.
Saw Mill Flat Infantry, Captain Holland.
Orator and President of the Day, in a carriage.
Trustees and Officers of the Columbia and Stanislaus River Water Company, in a
carriage.
The Miners of Gold Springs, with appropriate banners and flags. (With
this fine appearing body of miners walked Mr. Thomas Campbell, with his
celebrated bag�pipes, discoursing the music of the " land o' cakes.)"
SECOND DIVISION.
R. Mullan, Aid to the Grand Marshal.
Columbia Hook and Ladder Company, No. I.
Sonora Fire Department.
Columbia Hose Company, No. 1, with their beautiful banner, presented by the
ladies of Columbia.
THIRD DIVISION.
I. J. Potter, Aid to the Grand Marshal.
Trustees of the City of Columbia.
Carriages containing distinguished visitors.
Mounted men.
FOURTH DIVISION.
R. Dornan, Aid to the Grand Marshal.
Columbia Brass Band.
Springfield Artillery Company, with their big gun.
The men who built the flumes and ditches, with banners and badges.
Miners' Union, one thousand strong, headed by Col. I. A. Stevens, their
President.
Then followed a long column of miners, four abreast.
The procession marched up the Gold Springs road to the company's high
flume, where the water of the north fork of Stanislaus River was falling in
three beautiful cascades, within the corporate limits of the City of Columbia,
coming from the extreme end of the works, sixty miles distant in the mountains !
The line of march was again taken up, and passed through the principal
streets to the square in front of the First Presbyterian Church, where were
assembled a large number of ladies and gentlemen.
" ORDER OF EXERCISES.
Prayer by Rev. Mr. Baker.
Music by Columbia Brass Band."
The account then proceeds with a synopsis of the address of Hon. J. W.
Coffroth, the Orator of the Day. The gentleman commenced his speech thus:
" In the name of the Great Jehovah, who made us, where did you all come from,
and what did you all come for ? Why is this assembly of bright-eyed beauty
here?�and why this discoursing of sweet music ? It is to recognize, and to do
honor to feats of toil and perseverance carried out to their end, in the
execution of a work that does honor, not only to our own locality, but to our
county and the State. The completion of ditches and flumes, to supply the miners
of this vicinity with water for mining uses. We are assembled here to-day to
proclaim their completion.
" And have we not just and good cause to be thus jubilant ? for who can
calculate the benefits to accrue to us by being thus supplied with an abundant
and constant supply of that element, which is the primary cause of our
prosperity. I can well remember when this fair city of Columbia consisted of but
a few log cabins. What do we see before us to-day ? Dwellings and stores, of
brick and stone, that would be no discredit to cities of much older date ! And
permit me to ask to what are we indebted for this proud position ? To the
enterprise and indomitable will of our citizens, who expended their capital who
have exerted their skill to supply the miners with cheap water.
" It should not be out of place for the speaker to give a brief outline
of the organization and the operators. Some four years ago, the miners of this
place finding the supply of water altogether inadequate to the demand, and the
cost of that they did get more than they could pay, called a general meeting to
devise a remedy. They resolved to try the effect of a petition to the officers
of the Tuolumne County Water Company, stating their grievances, and asking for a
reduction in prices. For some cause best known to themselves, the Trustees of
that Company refused to accede to their wishes, and the evil being of such an
oppressive character, the opposition to it soon became general. The consequence
was the memorable Water Strike �an event long to be remembered in Columbia�and
we are here to celebrate the consequences of that strike.
" Well, some few of us had put our heads together to devise some plan to
attain our object�cheap, abundant and constant water. We said to ourselves that
if we could bring the water of the main river here, we should have all we could
desire. At first we were almost afraid to let our project be known�merely
whispering it to a few�fearing lest it should be considered the crude idea of
some school�boy. To many, indeed, it would have seemed but an idle vaunt�the
tale of an idiot� 'full of sound and fury, signifying nothing.' The propagators
were jeered and taunted, and even he (the speaker) was told that his efforts
were intended but for the foundation of political success, and the basis of
political ambition�the wild dreamings of a wayward discontent. Notwithstanding
these depressions, we toiled on�we consulted those whom we considered qualified
to give advice about such an important subject; and found that it could be
done�and we resolved to do it! In the year 1854 we elected our first officers,
the speaker being the first president, and General T. N. Cazneau the first
Secretary. We were but a handful, as it were, at first, but soon, when people
saw that we were in earnest, our forces augmented not only by miners, but
merchants and store-keepers, and, in fact, every class of citizens aided us,
either with labor or materials, until we were extemporized into a huge community
of toilers. It will be four years on the 19th of next March since we struck the
first blow and removed the first sod, since which time we have completed ditches
and flumes to the extent of sixty miles, before they reach any locality in which
mining is carried on, and twenty miles through the various mining districts, the
cost of which has been over a MILLION OF DOLLARS
" Talk about the Pacific Railroad costing so much that it will be
impossible to construct it! Why, here are a few mountain towns expending over a
million on a work of merely local importance! Here is an example to the world of
what a small portion of the American people can do when they work in earnest!
Nor could he forget to mention the tunnel of three thousand one hundred feet in
length, through a huge mountain.
" Although we are to-day in such high spirits, and full of satisfaction
at the completion of our task, it has not been so pleasant and agreeable to us
at all times; for we can well remember when cold and hunger were our almost
constant companions; when even food of the coarsest description was impossible
to get; when our supply of provisions was often exhausted before another
arrived; when we were fearful of being unable to obtain provisions at all for
those engaged in the work. * * * *
"It might be interesting to know what our bill of fare generally
contained. First, we had beans�just plain beans; next came bean soup; then,
boiled beans; then, by way of change, baked beans; for entremets, we had beans,
also. Then we had beans ' a la mode.' For dessert we had cold beans! In fact,
beans were the alpha and omega of our cuisine." * * *
* * *
In conclusion, the speaker urged upon the miners the necessity of
jealously guarding their rights. They all had an important part to perform in
the drama of life, and should follow the poet's injunction:
" In the world's wide field of battle,
In the bivouac of life,
Be not like dumb driven cattle;
But all be heroes in the strife.' "
After the conclusion of Mr. Coffroth's remarks a benediction was
pronounced by the Rev. Mr. Hamilton, and the procession formed again and
proceeded to State street, at the upper end of which a public dinner, free to
all comers, was spread.
The evening closed with a display of fireworks on a scale unprecedented
in the mines, while the whole town was brilliantly illuminated with candles and
appropriate transparencies, huge bonfires burning upon the surrounding hills. A
ball was in progress at the theater, and the streets were thronged throughout
the livelong night with thousands of citizens and visitors, in the best possible
humor, and all was peaceful and harmonious rejoicing.
The Kittering-Worth Homicide.
One of the more noticeable events of 1855, was the murder of Kittering
at Algerine Camp. Previous to the account of this case it will be essential to
introduce the story of another affair, notorious at the time, and which is
intimately connected with the above murder. This was the bold murder of Judge
Brunton at Yorktown, which occurred in the night of June 30, when a band of
burglars, four in number, entered the sleeping apartment of that gentleman and
abstracted twelve thousand dollars from a safe in the room, where most of the
family were asleep, and accomplishing their object without awaking anyone but
the Judge. The account given by the latter was to the effect that upon his
waking he saw a man standing over him with an axe in his hands, remarking to him
to lie still, as money was all they wanted. Accordingly the Judge lay quiet
until the burglars had left the room, when he arose, and taking a pistol,
followed them into another room, where he had an encounter with the rearmost
one, who knocked him senseless, besides inflicting a severe knife wound upon his
neck. He was discovered the next morning by the family, who raised an alarm.
Connected with this affair, and with the subsequent assassination of the
old gentleman, was a painful mystery that time has not yet cleared up. Many
hypotheses have been advanced to account for these outrages, but no clue has
ever been found that would lead to the discovery of the villains who, for years,
as well known, made Judge Brunton's life a period of continual dread. And it is
highly improbable that the secret of these daring and extraordinary outrages
ever will be known. Several years elapsed between the first and last acts
of this chain of events, the first, described above, being in June, 1855, while
the final act, the death of the victim, took place in December, 1860. In the
interim, a succession of lesser outrages against the gentleman's person and
property took place, evidently instigated by the same herd of thieves and
cut-throats, or political enemies, who inspired and executed the others.
Growing out of this robbery, and immediately following it, came the
murder spoken of at the head of this section.
The trial of this case, being conducted by eminent lawyers on either
side, has caused the affair to assume an importance and a notoriety perhaps
greater than would rightfully attach to it if the standing of the principal
actors alone was considered. William H. Worth was brought up for his trial on
the 6th of March, 1856, Judge Creaner presiding, with District Attorney Caleb
Dorsey and H. P. Barber appearing for the People, while Calhoun Benham, Colonel
Della Torre, Colonel B. F. Moore and Charles M. Scott appeared for the defense.
Certainly an imposing array of the best legal talent that the State could
furnish. Nearly every one of these six men have left their mark as eminent
lawyers, and their conduct on this occasion did their talents no disgrace. The
peculiarities of each were impressed upon the minds of the spectators, and the
forensic triumph gained by the defense against the high legal acumen displayed
by the opposition was and is regarded as of the very first importance in the
Court annals of this county.
The particulars of the shooting came out as follows: Kittering, a
blacksmith and gunsmith, who pursued his trades at Algerine Camp, indiscreetly
charged W. H. Worth, Justice of the Peace at the same place, with being a party
to the Brunton robbery, then the exciting topic of conversation throughout the
county. These hasty words, perhaps with no foundation in fact, and probably
uttered through the common impulse that some men have to appear wise in such
matters, came to Worth's ears, and the latter, excusably enough, sought an
explanation. Both parties retired to Kittering's house to discuss the matter,
but what occurred between them could not be ascertained; as within a few minutes
shots were heard within, and hasty words uttered, indicating that the two were
in mortal combat. Cries of murder were heard from Kittering, and Worth
immediately came out, leaving his antagonist dead upon the floor.
After the conclusion of the testimony, the District Attorney summed up
the case for the prosecution. He reviewed the testimony, and maintained that
through the evidence of several neighbors of the deceased, who heard the
conflict and were witnesses to the state of feelings between the accused and
Captain Kittering, the facts had been clearly proven. He admitted that deceased
had entertained suspicions of the prisoner being concerned in the Brunton
robbery, and claimed that the prisoner had not shown that he should have been
free from such suspicions. He remarked that the defendant, if entirely innocent
of such a charge, or free from such a suspicion, had no right to seek the life
of the deceased; it was his duty to bear the accusation, and seek legal modes of
redress. The Attorney brought to the especial notice of the jury, the points of
the testimony, as he viewed them, and recapitulated all the facts established,
which went to show that the prisoner had premeditated the murder of the
deceased, and went to his house to consummate it. He counseled the jury to
discharge their duty fearlessly, and to maintain the supremacy of the laws. The
gentleman's arguments were very able and earnest, he discharging his duties
creditably, as became one who was regarded as the peer of the best criminal
lawyers of the State.
Following Mr. Dorsey came the renowned attorneys, Benham and Moore; both
of the pronounced " fire-eater " type, and both upon their highest mettle to
redeem a cause that seemed so clearly lost.
Mr. Benham's address occupied four and a half hours, and commanded the
closest attention of the Court and spectators. It was said to have been
characterized by the loftiest eloquence, and the most soul-stirring appeals for
the safety of his client. This gentleman's speech, though able, did not possess
the interest that attached to that of Col. Moore, which followed it. The latter
gentleman had, since the earliest times, been a pronounced figure in the legal
circles of the State. In his own home, in Tuolumne, there were few competing
characters. Among all his contemporaries no more remarkable man stands forth.
Eminent in the Courts as a practitioner, he was no less prominent in political
and social affairs. No history, no notice even, of the earlier times of this
region, could be considered complete unless including his name. Now, as counsel
in the defense in this famous trial, and occupying as important and. prominent a
position as it ever was the fortune of any Californian of that day to fill, he
rose to his utmost elevation. The Colonel was in many ways worthy of remark,
both on account of his mental qualifications, and his personal eccentricities.
Tall, several inches over six feet, with erect, straight figure, though very
spare and excessively narrow-chested, clear-cut, strongly marked features, gray
hair, once black, and a very proud and haughty carriage, said to correspond with
his extreme self-esteem, made up the more noticeable points of the man's
personal appearance, which, from all accounts, was most imposing. A fact that,
in some measure, helps to account for his remarkable success as a criminal
lawyer, doubtless aided by his high reputation for fearlessness and
eccentricity. As might be supposed, these qualities had made him an object of
interest in the highest degree to the rougher inhabitants of that epoch.
Colonel Moore owed nothing of his phenomenal success to his learning,
for even upon legal points that was of the slimmest possible character; and in
general matters his illiteracy was profound. Neither did he make any attempt to
conceal his want of knowledge. He rather gloried in it. And the want of
erudition which would now, were he alive, subject him to ridicule before a
Court, then often�times proved a powerful aid before a jury, who felt
themselves, as it were, "in the same boat," and allowed their feelings to be won
by sloppy eloquence, rather than by the more polished and learned efforts of
rival attorneys.
It was a maxim with the Colonel never to be on the side of the
prosecution. Defense was with him a principle; and by the judicious selection of
a jury�Southerners, all�he usually managed to win his cases. A goodly portion of
his stock in trade was extracts from the speeches of such men as Clay, Calhoun
and Randolph. These extracts, whether bearing or not on the merits of the case,
he would repeat to the wondering and admiring jurymen until, like the rustic
villagers in Goldsmith's poem, " Still the wonder grew that one small head could
carry all he knew."
Railing against books and book-learning, sneering when other forms of
attack were impossible, domineering over Judge (excepting always Judge Creaner),
deriding Northern men and the principles commonly supposed to have been theirs,
upholding the superiority of the chivalrous people of the South, bursting into
furious eloquence at any and all times, and taking the lead when more modest and
perhaps abler men would have hesitated, the Colonel lived throughout the lively
"flush times " without a peer or a dangerous rival in his peculiar province.
There is in circulation a story of Moore's conflict with Judge Tuttle,
of the Court of Sessions, in which the former, taking violent offense at the
Judge's proceedings, drew a pistol upon him. The origin of this, and its only
foundation, was a difficulty between Moore and. J. M. Huntington, a rival
lawyer, in which Moore, having drawn his revolver upon his adversary, was
knocked senseless by George Work, in order, as the latter said, to save his life
from Huntington, who, otherwise, would certainly have killed him. This affray
took place in the building now occupied by S. Thomas as a saloon. This version
is given by Dr. Walker, an eyewitness, who further relates that Work picked up
his friend Moore, and with tears streaming from his eyes carried him in his arms
to his own room and waited upon him until his recovery.
It is a current tradition in Tuolumne that Judge Creaner and Colonel
Moore were warm personal friends, but that once their friendship was in imminent
danger of rupture. It is told in this connection that the Judge had a habit,
when his temper was ruffled, of showing the degree of his anger by raising the
extremity of his nose, and watchful attorneys had learned by experience to
forbear at this dangerous sign of wrath. On a certain occasion Moore was engaged
in defending a client who was accused of robbery. In the course of his remarks
he attempted to introduce certain evidence, which the Judge ruled out as
inadmissible. Dissatisfied with this, Moore addressed the jury thus: "Gentlemen
of the jury: We of the defense have introduced evidence to prove that my client
was absent from town on the night of the robbery, and therefore innocent, but
His Honor has ruled it out; and, gentlemen, an old cow would have had more sense
than to make such a ruling!"
Thus far the Colonel had proceeded with his address, when the Judge's
nose went up. " Mr. Moore !" he said; but, unheeding the interruption, Ben
proceeded. "Mr. Moore!" called the Judge, a little louder. Still Mr. Moore
refused to listen. The Judge's self-command, although powerfully exerted, was
almost gone. "Mr. Moore!" he shouted, bringing his fist down on the desk before
him, "did I understand you to say that an old cow would have more sense than
this Court?" Ben paused and took in the situation. "so, sir," he replied, "I did
not say it." "Ah, then I was mistaken. Proceed, Mr. Moore." And the case went
on. After the adjournment of Court, Mr. Dorsey took the chivalrous Moore aside,
and jokingly accused him of telling a falsehood. "Lie," said Ben, "of course I
lied. Why, I had to lie, or kill old Creaner; and I'd lie a thousand times
before I'd do that! You'd play -- making apologies to that old nose, wouldn't
you ?"
Although, as previously remarked, he was wholly without education in the
common acceptation of the term, and was obliged to depend on others to perform a
great part of his duties, such as drawing up legal documents and the like, yet
in addressing an assemblage of ordinary men, Moore's natural talents shone
conspicuous. With a great insight into human nature and the deeper springs of
human action, his judgment in the selection and subsequent management of a jury
was unerring. On one occasion he was reproved by another well known lawyer for
his address to a jury, which had just retired to deliberate. In fine, he was
told that his remarks were ridiculous. "You think," he said, "that I was
addressing twelve learned judges, but I knew I was talking to a dozen ― ― . I
am going to WIN this case." And he did win it.
When submitting the case of Worth to the jury, he made perhaps the most
effective speech that he ever delivered. According to the reports (overdrawn, of
course) of that trial, he brought home to the hearts of the jury a mass of proof
in a manner to command from them the acquittal of his client. His style, it was
said, was peculiar, the voice and action coming home upon the listener, while
the earnest and impassioned degree with which he seemed to throw his whole soul
and heart into his remarks, riveted the entire mind and feeling of the listener.
He depicted the bitter hate of the deceased towards the prisoner�the long
cherished, malignant hate which he had nursed towards him�and the exulting
cruelty with which he spread the damaging report of the Brunton robbery; the hot
haste with which he flew to the scene of the robbery, and the eager earnestness
with which he endeavored to impress on Brunton that it was the object of his
deep hatred who had perpetrated the crime; his deep disappointment that Brunton
would not believe it; his wicked determination to cling to the belief, and his
industry in spreading it about; his active preparation for the spilling of
blood; the borrowing of arms on the highway, even; his formidable preparation in
the dark back room; his oft expressed wish and hope that he might have his
victim in his toils, get him in that room and "give him no show :" "the eloquent
counsellor's description of a man who would give another 'no show,' was
perfectly electrifying; and his winding up with the expression, 'My God, lives
there a man claiming the attributes of manhood who would not give his fellow-man
a show,' " made the blood jump and tingle in one's veins. A witness (Johns) who
fled at the report of the firearms was completely riddled, and the precipitate
flight of that individual, as he fled from under his hat and jumped out of his
boots with the speed of a quarter-horse, or the whole-souled and earnest
locomotion of a dog with a tin kettle tied to his tail, was strongly contrasted
with his ability to hear and understand while still under such furious headway.
"The whole testimony, although so thoroughly handled by Mr. Benham, still
received new light through. the masterly review given it by Colonel Moore; and
the fixed looks of the jury and breathless attention of the auditory, told how
deep an impression he was making."
Equally characteristic was Judge Creaner's charge to the jury: " The
indictment charges the defendant with the crime of murder, which is the unlawful
killing of a human being with malice aforethought, either express or implied.
Express malice is that deliberate intention unlawfully to take the life of
another, which is manifested by external circumstances capable of proof�such as
lying in wait, antecedent menaces, threats, etc. Implied malice is where no
considerable provocation appears, or when all the circumstances of the killing
show an abandoned and malignant heart. You, gents, are the sole judges of the
facts; the oath that you have taken as jurors is, that you will try this case,
and render a true verdict, according to the evidence.
" It is your duty, therefore, to take into consideration all the facts
and circumstances that have been related to you in evidence, and if you shall
believe that the defendant is guilty, you will, without any hesitancy, find a
verdict to that effect. But if you believe from the evidence that the defendant
is not guilty as charged, you should acquit him of the charge of murder, and
inquire whether he is guilty of the lesser crime of manslaughter, which is
defined by our statutes to be the unlawful killing of a human being without
malice expressed or implied, and without any mixture of deliberation.
" If you shall believe from the evidence that the homicide was committed
in a sudden heat of passion, caused by provocation, apparently such as to make
the passion irresistible, then you should find him guilty of manslaughter,
unless you shall think that the homicide was justifiable. Justifiable homicide
is the killing of a human being in necessary self-defense, or in defending
habitation, property or person against one who manifestly intends or endeavors
by violence or surprise to commit a felony. If you should think the homicide
justifiable, you should find a verdict of not guilty."
The jury found a verdict of not guilty, and W. H. Worth was set free,
soon to shake the dust of Tuolumne from his feet. His subsequent history is
unknown, but there is good evidence for believing that he became an Episcopal
clergyman at a later period, and that he made his habitation in Virginia during
the great Civil War.
Execution of Escobar and Sebada.
On August 3, 1855, two Chilenos, Escobar and Sebada, were executed by
due process of law for the murder of John Sheldon, a constable of Sonora. This
murder, which caused one of the sensations of the times, was committed in May
previous. To enter fully into the details of this noted case, with its causes,
would require that the narrative should extend back to the year 1850, when
Sheldon, the victim of the homicide, in the pursuance of his sworn duty, killed
a man, and finally, after more than three years of waiting and watching, the
friends of that man wreaked their bloody revenge�a fact that well illustrates
one of the less admirable phases of the Spanish and South American character.
The incidents of the shooting affray that gave rise to this homicide and
subsequent hanging, composed what has been known as the " Riot in the Tigre,"
between the Spanish speaking inhabitants of that quarter and the Americans. But
if the newspaper accounts of the affray may be trusted (and why should they not
be, written, as they are, at the precise time of the occurrence ?) then the
affair has been most grossly exaggerated, and does not, and never did, deserve a
place in the important recollections of Tuolumne. The facts are simply these:
Marshal J. F. McFarland, in endeavoring to convey a drunken Spaniard from the
Tigre to the jail, was beset by several of the prisoner's friends, who tried to
rescue him. Calling for assistance, several Americans responded, and in the
brief combat that ensued, a Chilean, name not given, was shot with three
bullets, any one of which was sufficient to have let out his life. The man died,
but the officer was not forgotten by his friends, and for years thereafter the
footsteps of John Sheldon (who was believed to have fired the shots) were dogged
by the unforgiving former intimates of the dead Chilean, until at last a fitting
opportunity came, and accounts were squared by another violent death. Sheldon,
who was night watchman, was perfectly aware that his enemies had determined to
kill him; but, undaunted, he continued his accustomed duties, and in time became
more and more careless, until his only precautions consisted in providing
himself with suitable weapons, and in the selection of the middle of the street
in which to perform his regular nightly beat. On one excessively dark night in
May, 1855, three men sprang upon him from behind some obstructions, and seizing
him, muffled as he was in his cloak, stabbed him fatally, and after making sure
of their work, ran off in the darkness, leaving no trace to aid in their
discovery, save a hat which one of them dropped. The wounded man staggered to
the United States Hotel, and within a few minutes expired. Fleeing to
Tuttletown, two of the murderers were there taken on the very next day, the lost
hat furnishing the sole clew by which they were identified. Proofs of their
guilt being forthcoming at their trial, a verdict of guilty of murder in the
first degree was rendered, and being sentenced, August 3 was set as the day of
execution, and they were on that day hanged in presence of a crowd of three
thousand spectators.
Between the hours of eleven and twelve o'clock the Columbia Fusileers
and the Sonora Greys, two splendid looking, well equipped and strictly
disciplined companies of volunteer troops, marched to the County Jail to act as
escort for the prisoners, who were then placed in a carriage, their Catholic
priest between, and driven to the gallows, accompanied by a dense mass of human
beings, consisting of men, women and children. The place of execution was well
selected for purposes of exhibition, for the gallows was erected on a small flat
surrounded on every side by gently rising bills, and none who felt desirous of
witnessing a human being writhing in his last death agonies could retire
disappointed, for the view was full and complete.
On arriving at the place of execution, the military opened a way through
the crowd, the prisoners were taken from the carriage, and unaided, with light
and elastic step, ascended the platform; no two men knowing that their last
hours had come, could have appeared more indifferent and regardless of their
fate than did these two prisoners. A spectator not knowing that they were then
about to suffer the penalty of death for violating the laws of God and humanity,
would have inferred from their appearance that they had ascended the stand as
public declaimers�political speakers. After the death sentence had been read to
them, they both addressed the spectators in their native tongue, Spanish, and
one, particularly, used violent and denunciatory language toward the Americans.
Upon concluding their remarks they knelt, and, crucifix in hand, performed such
religious ceremonies as their religion required, and then they paid the dread
penalty.
Thus from the simple circumstance of a Chileno getting drunk in the low
resorts of the " Tigre," grew a train of events that brought death to four
persons and attending grief and misery to, doubtless, many more.
Murder of Smith and Lynching of Barclay.
The year 1855 was prolific of exciting events, as these pages show; but
among them all, perhaps, nothing more exciting took place during the year (with
the possible exception of the Heslep murder) than the murder in Columbia of J.
H. Smith, of Knickerbocker Flat, and the summary lynching of his slayer, John S.
Barclay.
At about half-past four o'clock on the afternoon of Wednesday, October
10, 1855, John H. Smith was shot dead by John S. Barclay, in the house on the
corner of Main and Jackson streets, known as " Martha's Saloon." The house was
of ill-fame, and Martha, the proprietress, of easy virtue. A few weeks before
the murder occurred, she had, while on a business visit to Chinese Camp, there
met and become enamored of young Barclay, and the sentiment being returned by
him, marriage followed. Then returning to Columbia, the saloon was reopened by
the pair. Smith, a well-regarded sort of man, said to have been affianced to a
young lady resident of Columbia, having been drinking on that fateful day,
though usually a rather temperate man, became embroiled in a quarrel with
Martha, in consequence of having broken a pitcher. High words following, Barclay
came to the rescue of his wife and shot Smith dead in the melee. Almost
instantly the man was arrested, taken to the town lock-up and there placed in
confinement.
Soon the people gathered, and in a very short time a large and excited
mob surrounded the jail. J. W. Coffroth, Esq., addressed the assemblage, stating
that ordinarily he was in favor of sustaining the laws, but that the occurrence
was of a character to demand the speediest vengeance, and to warrant the people
in taking the execution of the law into their own hands, and to mete out justice
upon the spot; that the deceased held him as a very near and dear friend. He
then passed an encomium upon the departed, and expressed a hope that the people
would move, and that promptly. He had been elected, he said, to make laws, but
upon this occasion he advised to lay them aside.
Upon his conclusion a rush was made upon the jail, then held by Town
Marshal Carder and a few police officers, who attempted to keep the mob back,
but were speedily disarmed and hurried aside by their assailants. At this
juncture , Mr. Heckendorn, the editor (so-called) of the Columbia Clipper, was,
by acclamation, appointed Judge; another person was made Marshal, and a jury of
twelve men was nominated. These preliminaries being concluded, a second rush was
made upon the jail, and a keg of powder was placed in position to blow the iron
doors open, but fortunately it was not used. Crowbars, sledge-hammers and axes
were applied instead, and the doors gave way. Simultaneously with their opening,
the prisoner sprang out as if to make his escape by running; but he was
instantly borne down by numbers and carried by the excited mass up-town, amidst
cries, oaths and imprecations.
Finally, after one or two brief halts, the crowd arrived at the flume of
the Tuolumne County Water Company, on the road to Gold Springs. A ring was
formed and " Judge " Heckendorn took charge of the proceedings. Mr. Coffroth was
appointed prosecuting attorney, and John Oxley (Assemblyman from Tuolumne)
counsel for the prisoner, and a jury was called, consisting of James McLean,
Charles Williams, George Woodbury, Daniel Willcombe, A. H. Leavitt, John
Douglas, John Bostwick, G. Lumsdell, T. Walls, Joseph Hussey and J. B. Plank.
After much discussion, the question was put, " Shall the jury be sworn ? " and
it was decided in the affirmative, and hearing the evidence began. Marshal,
Briggs, Alexander and Keyes, witnesses for " The People," testified in substance
that Smith, slightly drunk, was making preparations for starting homeward, he
residing at Knickerbocker Flat; that while making a farewell round of visits to
the saloons, he entered Martha's place along with the four witnesses mentioned,
and accidentally or intentionally knocked a pitcher off the counter, or bar,
when the mistress of the place appeared and demanded to know who did it. Little
was evolved save that, getting in a dispute with her, Smith seized and threw her
into a chair. At this juncture Barclay appeared from the next room, and seeing
the situation of affairs, drew his revolver and instantly fired, with fatal
effect.
As the examination progressed it was not hard to see that the prisoner's
fate was determined on, and that he was beyond human help. Witnesses who it was
supposed would testify in his behalf, were not allowed within the ring, and even
his advocate was interrupted and his voice drowned. Mr. Coffroth, on the
contrary, was allowed full swing for his denunciatory speeches, and seemed to
have everything his own way from the first; naturally, too, for at this time he
was the political idol of the ruling party. His remarks to the jury were about
in this style: " Gentlemen, I have but little to say. You all knew the deceased,
and knew that he was honest, good and high-minded. You have all heard the
testimony and know the witnesses; they have lived long among you. The prisoner,
I have testified, had a good character; but I am not here to plead his
character. The only question to ask is, Who is the murdered man, who the
murderer ? If you are satisfied that the prisoner shot Smith, then it is your
duty to declare it, and it is your duty to declare the penalty. * * *
There is a higher Court to ask for mercy. This man should fulfill the Divine Law
of 'An eye for an eye, a tooth for a tooth, a life for a life.' Whosoever
sheddeth man's blood, by man shall his blood be shed.' [Applause.] Gentlemen
will please avoid any applause for the poor remarks I may offer. Consider the
feelings of the prisoner. Who can estimate his anguish when he thinks upon the
ignominious death that now awaits him ? "
The prisoner, who had been sitting upon the ground with his hands over
his face, now looked up and besought Mr. Coffroth to request of the jury a
little time in which he might arrange his private affairs.
Mr. Oxley, appearing for the prisoner, said: "I shall be brief. Consider
well, gentlemen, what you are about to do. Let to-morrow bear favorably upon the
acts of this night. [Confusion, and much noise; cries of " Enough! " Enough!"]
Will you not sustain the laws? Will it not be better that the just laws of our
land should take their course? [Cries of "No!" "No!" "Up with him!" "Damn the
laws !] Let him be confined in jail. Consider your course, and the great
responsibility that you assume. Give time for reflection. Let calmness have time
to come in. Do not, after you have taken this man's life, find that it is too
late to do justice. I do not say that the prisoner is entirely innocent, but
that there are many extenuating circumstances. [Cries of "Short!" "Short!"
"Enough!"] I expect to be short. I ask that the law may take its course. Let the
prisoner have time, and let a proper investigation be had. Let time be granted.
Let daylight be had for a fair trial. [Cries of "No!" "No!" "Hang him!" etc.]
JUDGE. �"Hear Mr. Oxley." ["Enough ! "Enough!" "Drag him up!" "Damn him;
he gave Smith no time!" "Hell shall not save him!"]
OXLEY.�"I shall not stop. I shall do my duty as becomes a man. If the
jury tell me to stop, I will, but not otherwise. Act calmly, gentlemen."
Here, loud cries stopped the speaker. Mr. Oxley pleaded earnestly and
manfully, and in a way to win the lasting respect of even those men, who were so
impatient to imbrue their hands in a fellow creature's blood; but uselessly,
for, forced down by the multitude, he retired amid oaths and imprecations.
The case was now given to the jury, and they were asked to retire and
consult. At this moment Sheriff Stuart arrived. Reaching the ground, he
dismounted quietly, and walked around the outside of the ring to the vicinity of
the prisoner, and, laying his hand upon him, demanded him in the name of the law
and for the law. Some one immediately seized Stuart by the throat, while others
rudely laid hold of him, throwing him back violently. With shouts of "The
Sheriff!" "The Sheriff!" the crowd rushed forward, bearing Barclay and the
officer far apart. The latter demanded to be released, and to be supported in
the discharge of his duty; but at first in vain. Getting free some minutes
after, he rushed towards the prisoner, who was then under the flume with a rope
around his neck. Calling for a knife, and securing one, he made ineffectual
endeavors to cut the rope, but while so engaged he received a heavy blow on the
head from the butt of a pistol, while others laid violent hands upon him,
tearing his clothes, bruising his face, and disarming him. Barely was his life
preserved, and that only through the presence of mind of a solitary friend, who,
at the risk of his own safety, clutched a bowie-knife aimed at the Sheriff's
body.
The miserable prisoner, haltered by the rope suspended from the flume
above, was drawn up by his executioners overhead, ascending with a savage yell
from the multitude. No precautions had been taken to pinion the victim, and he,
reaching upward, seized with desperate grip the rope, above his head, and held
on with the force given by the fear of death. To break his hold, those above
drew him up and let him down suddenly, several times, but still his powerful
grasp held good. One of the executioners, leaning over the flume, called out,
"Let go, you ― fool, let go!" Finally his strength gave out; the hands fell to
his sides. Drawing up his legs, he gave a few convulsive movements, and then
hung straight. All was over, for body and soul had parted.
The spectacle was well said to be truly horrifying: a human form,
hanging by the neck, in mid air; a vast throng of men, shouting, yelling and
jumping; while the red and lurid glare of torches and bonfires sent a horrid
flash upon the terrible scene.
Of the two individuals who lost their lives so tragically on that day,
John H. Smith was said to have come from New York, but whose parents resided in
Philadelphia, where they were highly respectable people. He was an open-hearted,
generous man, much esteemed by his acquaintances, and when free from liquor, was
a quiet, peaceable and friendly citizen.
John S. Barclay was also from New York, where his mother and sisters
resided. He had lived at Chinese Camp from the year 1850, and was highly
regarded there. He was possessed of some means, and owned a good claim there.
But in an evil hour he met the frail Martha, and, falling in love with her,
married her, upon her promises of leading a new and better life. He justified
himself for the killing of Smith, upon the grounds that he had a right to defend
his wife from his attacks. Nor does this seem an extraordinary assumption at
all.
To arrive at an understanding of how this matter was regarded at the
time, the following quotations from the Gazette are reproduced, written as they
were by one who certainly manifested no fear of mobs, on this or any other
occasion :
"We are not, we never have been, and never will be, the advocates of mob
law, under any form, or for any end whatever. We live in a community of law; we
have courts, law officers, and all the well established appliances of justice.
We sustain them; all good men should do so, or there is no safety for any one.
We ask any man who looked on calmly (if any could do so), what chance any one
stood for justice with the throng of Wednesday? No reply is needed from us. The
particulars that we give, speak for themselves. The District Court, under a good
Judge, opens next Monday; the Sheriff was on the ground; the witnesses all live
in Columbia; and justice was not ten days off; but the mob could not wait. We
deeply, sincerely regret to give these details; it pains us to record these
occurrences as having taken place in Columbia, and we would gladly omit them;
but our duty as journalists compels us to publish them; they are a blot upon our
town. We trust in heaven that this may be the last time we shall have to perform
so disagreeable a task; and we congratulate all those who have had no
participation in these lamentable occurrences."
These are earnest, manly words�words uttered in defiance of the will and
power of a mob whose numbers included a whole city; words that do not sound like
the truckling, lickspittle froth that at similar times has disgraced the mouths
of speakers and the pages of journalism.
The Hunter-Drake Shooting Affray.
Later in the year 1855 came the murder of Isgrigg by Bessey, and that of
Sam. Poole by McCarthy, two cases, both of which grew out of low quarrels in
ginmills, or deadfalls, and which do not possess sufficient interest to warrant
a narration in these pages. Their mention is only casual, being intended to give
point to the remark that the year of their occurrence was an exceptional one in
the matter of man-killings.
A case which occurred in October of this year, although not resulting in
the death of any party, had, from the well-known character of the principals,
enough of notoriety attached to it to be worthy of mention. This case was the
shooting of Drake by Hunter in the streets of Sonora.
This occurrence originated in the difficulties that arose between the
miners of Shaw's Flat and the different companies tunneling into Table Mountain,
particularly that portion who were drifting into ground thought to belong to
Shaw's Flat Mining District. The operations of the "Lager Beer " Company
infringing upon the " Virginia" Company, brought about this state of things,
which ultimately grew in portentousness until the greatest animosity prevailed
between the rival parties. Shaw's Flat was convulsed; Table Mountain was
(metaphorically) shaken to its center. No occurrence bringing the miners into
opposition to each other had ever so largely and so generally absorbed the
feelings of the parties contending. The individuals immediately concerned in the
dispute exerted their utmost energies to secure success, nothing being spared
that might reasonably be supposed to influence victory. The most eminent legal
counsel were engaged, as well those who resided within the county, as others of
eminence abroad. An array of these gentlemen, three upon each side, fiercely
combated (after the manner of attorneys) with each other. Therefore, it was
hardly a wonder that in such unquiet times blood was shed before the matter was
adjusted.
Mr. Hunter was a well-known attorney something of the browbeating,
swaggering stamp, or, at least, whose reputation partook hugely of that order.
He was a little, fussy man, doubtless disagreeable in private life, and who,
without doubt, took advantage of the large latitude allowed attorneys in their
behavior toward witnesses. On the occasion of the hearing of the mining case, as
counsel for the Table Mountain side, he took occasion to severely score Eugene
B. Drake, a well-known and influential miner of the Shaw's Flat party. It would
seem that though the legal fraternity of Tuolumne county in that time contained
men who by intellect and general worth would have done credit to any bar, men in
whom the community at large might feel the greatest pride as citizens and
associates, yet no doubt some of them frequently allowed themselves to overstep
the bounds which moderation had planted and which gentlemanliness had dictated,
in a variety of ways. The utmost freedom seems, in some cases, to have been
indulged in, and disinterested persons were, as is still not uncommon,
frequently made victims of in the progress of a suit.
After the examination, which was so offensive to Drake, the parties met
in the " Palace " saloon (then standing where Mr. Livingston's shoe shop now
is), and came into personal collision, resulting in Hunter's being thrown by
Drake, who was much the larger of the two. Following this came another hostile
meeting, in front of the Placer Hotel (Turn-Verein Hall corner), when Drake
seized Hunter, and pushed or threw him from the sidewalk. What occurred is well
narrated in the testimony of W. T. Gilkey, a miner, of Shaw's Flat:
" I was present at the difficulty between Drake and Hunter. * * *
George Michael came to me and said there was going to be a big row. Saw Drake in
front of the Placer Hotel, talking with others. Hunter came up, and some one
asked him what he thought of Shaw's Flat. He said, all right. Hunter passed
behind me, crowding me from the hotel wall. He was moving toward Drake. Drake
shoved Hunter from the sidewalk. Hunter turned and said: ' You have done what no
other man ever did, and what no man can do and live.' with others, separated
them. Drake said: ' Don't touch me; let me alone!' Hunter said: ' Gentlemen,
keep away from me!' Hunter placed his right hand under his coat tail, on his
right hip, then raised his hand, in which he held a pistol, which he cocked as
he raised it. Saw the cocked pistol in his hand myself. Drake was slower; at
first his pistol caught in his clothes, and he had to use both hands. A man had
called out: 'He is drawing on you, Hunter!' I said: Don't you draw that pistol,
Hunter! ' I said it two or three times. All this time I had been holding Drake
back, telling him to keep cool. Hunter was backing all the while. As he brought
his pistol up I jumped out of the way. When he fired, Drake said: 'Oh, Lord!'
and partly doubled up. Then he straightened up, and tried to run behind me to
protect himself from the shots. Hunter fired again, and Drake fired twice in
quick succession. Then Hunter fired again. I ran and got behind a pile of
bricks. Hunter was all the time going back. People opposite called out: 'Hold
your shots; hold your fire!' Hunter replied: 'I am all right; I have a shot
left.' Drake had got to the opposite side of the street [Yaney's building]
during the firing, and above the hotel. He said: 'Get a doctor; I am bleeding to
death! ' I ran to him, and assisted him to Dr. Kendall's office."
Although the testimony given by the remainder of the witnesses at the
examination before Justice Wm. H. Ford is on record, the stories of all do not
differ in any essential point from that copied, so the above may be considered a
pretty accurate account of the affray.
It was found that three of the four shots discharged by Hunter had taken
effect�one in Drake's left arm below the elbow, glancing up and cutting the main
artery; the other two in the right thigh, about half way above the knee ; one
shot passing through, the other remaining. He was taken to the Placer Hotel and
attended by Drs. Kendall and Brown, who did all in their power is save him, but
it was only by resorting to amputation of the arm that they were able to do so.
Several days later a second amputation of the injured member was made, and the
patient slowly but steadily recovered.
Hunter was unhurt by his antagonist's bullets, but he was immediately
arrested, and, after the examination, was held by Justice Ford to answer to a
complaint of " assault to commit great bodily harm " before the Court of
Sessions. Later, when Drake's condition was thought to be nearly hopeless, he
was rearrested, and his bail was fixed at three thousand dollars. Eventually he
escaped punishment, as perhaps he deserved to.
In a subsequent page of this volume mention will be made of Mr. Hunter,
as connected with a very celebrated homicide, which occurred at the time of the
war, closing with this, his first prominent appearance before the public, the
record of important events of 1855.